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(영문) 대전지방법원 2018.11.22 2018고단3325
공전자기록등불실기재등
Text

Defendant

A, B, D, and E shall be punished by imprisonment for six months, and Defendant C shall be punished by a fine of KRW 10,000,000, respectively.

Defendant

C above.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant, such as a false entry into a public electronic record, false entry, and an electronic record, etc., was proposed to formally establish a juristic person from a person under the name of the deceased, and would have him/her borrow a loan under the name of the juristic person when sending documents, passbooks, etc. In filing an application for registration of the incorporation of a juristic person with the Cheongju District Court around March 14, 2017, when filing an application for registration of the incorporation of a juristic person with the Cheongju District Court: (a) the facts were to be established to establish a juristic person in order to open and transfer a passbook under the name of the juristic person without undergoing due process such as the most payment of share capital and the meeting of the articles of incorporation for the preparation of the articles of incorporation; (b) however, the Defendant submitted an application for registration of the incorporation of a juristic person as if the juristic person was duly established, and had the juristic person enter false facts, such as “J”, “10,000,000 won” in the corporate registry and kept the register at around that time.

Accordingly, the defendant made a false report to a public office in collusion with a person who is not his name, and made it enter false facts in the register of a juristic person which is an electronic record, and exercised it.

(b) No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

On March 2017, the Defendant, at the front of the Dogdong community service center located in Seo-gu, Daejeon, Seo-gu, Daejeon, opened a bank established under the name of J of the above corporation, two new bank passbooks, two cash cards connected thereto, and two cash cards and passwords.

Accordingly, the defendant transferred two media using electronic financial transactions at the same time.

2. Defendant B

A. The Defendant, such as an electronic record, etc., and an electronic record containing false entries, establishes a legal entity formally from a person under whose name was not the victim, and thereby establishes a legal entity, passbook, etc.

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